Hello.
I had tenants that didn’t pay December rent. I sent notices and finally got a call from them and said that they weren’t going to stay and said they would be out by the 1st of January. I went ahead and filed dispossessory.
First off, since they’ve moved out, do I need to go to court?
And if I go to court should I try to sue for money for rest of lease or just the month of December.
Is anyone familiar with the courts in GA and what the judge would allow?
Thanks.
Unless they can prove that the apartment was uninhabitable-- and that they are intitled to exercise constructive eviction, they owe you for the total amount of rent due for the remainder of the lease.
;D I learned that on Judge Judy!!! ;D
the question here is how much do they owe you, …and is it worth taking to court…even if you do get judgement…will you see the money? …
My rule is that once I file, I ALWAYS follow through. I do this for a couple of reasons.
Once a tenant has ripped me off, I feel that they must pay a price. Following through with the eviction will put a black mark on their credit report, will lower their credit score, will make it very difficult for them to get section 8 in the future, and will make it difficult for them to rent another place or buy a house.
Tenants talk to each other and you will get a reputation as a landlord. If you don’t follow through with evictions, you will get the reputation of being a weak landlord. You will attract bad tenants who know that they can get away with a lot. If you do follow through, you will get the reputation of being a firm landlord, and a lot fewer of the riff-raff will apply to be your tenants. Furthermore, the tenants that you have will know that you are serious and won’t test you often.
If your tenants have a job, you should be able to collect on at least some of what they owe you. You are required in most (all) states to mitigate the damage, but you should be able to collect on lost rent and other expenses until you are able to re-rent the unit.
Good Luck,
Mike